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National Law - Marine Surveyors Accreditation Guidance Manual 2014as amended in June 2018

Part 1 – Accreditation of marine surveyors

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National Law - Marine Surveyors Accreditation Guidance Manual 2014 Part 1 – Accreditation of marine surveyors

Published 12 June 2018

Approved by the National Marine Safety Regulator on 7 June 2018 to commence on 1 July 2018.

This June 2018 version is Edition 2 of the Marine Surveyors Accreditation Guidance Manual.

The Australian Maritime Safety Authority encourages the dissemination and exchange of information provided in this publication.

Except as otherwise specified, all material presented in this publication is provided under Creative Commons Attribution 4.0 International licence. This excludes:• the Commonwealth Coat of Arms• AMSA’s logo• content supplied by third parties.

The Creative Commons Attribution 4.0 International Licence is a standard form licence agreement that allows you to copy, distribute, transmit and adapt this publication provided that you attribute the work. The details of the version 4.0 of the licence are available on the Creative Commons website, as is the full legal code for that licence.

AttributionAMSA’s preference is that you attribute this publication (and any material sourced from it) using the following wording: Source: Australian Maritime Safety Authority

Published by Australian Maritime Safety Authority, GPO Box 2181 Canberra, ACT 2601. All inquiries to be addressed to the General Manager, Operations, Australian Maritime Safety Authority.

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Contents

Chapter 1 Preliminary 2 1.1 Overview 2 1.2 Scope 2 1.3 Application 2 1.4 Objective 2 1.5 Reference documents 2 1.6 Definitions 4

Chapter 2 General 5 2.1 Role of a surveyor under the National Law 5 2.2 Overview of the accreditation scheme 6 2.3 Conflicts of interest 7 2.4 Notices issued under the National Law 8

Chapter 3 Criteria for accreditation 9 3.1 General criteria for issue of accreditation 9 3.2 Appropriate capabilities 9 3.3 Appropriate experience 11 3.4 Appropriate qualifications 11

Chapter 4 Applications for accreditation 12 4.1 Applying for accreditation 12 4.2 Assessment of an application for accreditation 12 4.3 Review of decisions 13

Chapter 5 Conditions of accreditation 14 5.1 Conditions of accreditation 14 5.2 Audits 14 5.3 Professional Indemnity Insurance 14 5.4 Consequences of not complying with a condition 14

Chapter 6 Changes to accreditation 15 6.1 Adding additional categories of accreditation16 6.2 Varying accreditation 15 6.3 Variations by the National Regulator 15 6.4 Change of personal details 16

Chapter 7 Renewal of accreditation 17 7.1 Renewal applications 17

Chapter 8 Surrendering, revoking or suspending 18 accreditation 8.1 Surrendering and revoking accreditation 18 8.2 Suspending accreditation 19

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Chapter 1 Preliminary

1.1 Overview

(1) The Australian Maritime Safety Authority (AMSA) as the National Regulator relies on the recommendations of surveyors to determine whether a vessel meets the applicable safety, design, construction and equipment standards.

(2) The Marine Surveyor Accreditation Scheme is how the National Regulator ensures that surveyors have the appropriate qualifications, capabilities and experience to survey domestic commercial vessels (DCV) subject to the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (National Law).

(3) This Part of the manual provides the information required for surveyors to become accredited as Accredited Marine Surveyors under the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013 (National Law Regulations).

Note The National Law - Marine Surveyors Accreditation Guidance Manual 2014 (this manual) has two Parts. Part 1 (this Part) of the manual provides information on the Marine Surveyor accreditation process. Part 2 of the manual provides the requirements for undertaking surveys under the National Law.

1.2 Scope This Part of the manual provides existing and future marine surveyors and all other interested

parties with the necessary information to become an Accredited Marine Surveyor and to maintain their accreditation.

1.3 Application

This Part of the manual applies to all: (a) persons who intend to apply for accreditation as a marine surveyor; and (b) Accredited Marine Surveyors.

1.4 Objective

The objective of this Part of the manual is to detail the requirements and processes for applying for, managing and maintaining accreditation as a marine surveyor under the National Law.

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1.5 Reference documents

Each document mentioned in the following table: (a) is referenced in this Part of the manual; and (b) is the latest revision of the document, including amendments, unless stated otherwise.

Publisher Document AvailableAustralian Maritime Safety Authority

Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (National Law)Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013 (National Law Regulations)Marine Order 503 (Certificates of survey – national law) 2018 (Marine Order 503)Marine Order 507 (Load line certificates – national law) 2013 (Marine Order 507)Marine safety (Certificates of survey) Exemption 2018 (Exemption 02)Marine Safety (Temporary operations) Exemption 2018 (Exemption 07)Marine Safety (Emergency services vessels) Exemption 2018 (Exemption 24)Marine Safety (Class C restricted operations) Exemption 2018 (Exemption 40)Marine Safety (Unpowered barges) Exemption 2018 (Exemption 41)

AMSA website at https://www.amsa.gov.au

Australian Maritime Safety Authority

National Standard for Commercial Vessels (NSCV)Part B – General Requirements (NSCV Part B)

AMSA website at https://www.amsa.gov.au

National Marine Safety Committee Uniform Shipping Law Code AMSA website at

https://www.amsa.gov.auInternational Standards Organisation

ISO 9001:2015 Quality management systems — Requirements (ISO 9001)

ISO website at http://www.iso.org

https://www.amsa.gov.au



http://www.iso.org

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1.6 Definitions

(1) In this Part of the manual: Accredited Marine Surveyor means a surveyor who is accredited in accordance with Part

3 of the National Law Regulation.

applicable exemption means an exemption from a requirement of the National Law.

applicable legislation means that part of the legislation that expressly deals with the issue of a Certificate of Survey or a Load Line Certificate.

applicable standard means a standard that is either expressly called up in applicable legislation or an applicable exemption.

categories of surveying means the categories of accreditation mentioned in section 21 of the National Law Regulation.

initial survey means the process by which a vessel is surveyed against the requirements of the applicable legislation, exemptions and standards for the first time.

manual means the National Law - Marine Surveyors Accreditation Guidance Manual 2014 as amended from time to time.

periodic survey means a recurring survey by which an existing surveyed domestic commercial vessel is surveyed to determine if the vessel continues to meet the requirements of the applicable legislation, exemptions and standards.

survey means those activities, including design appraisals, examination, tests, trials and verifications of a vessel, its components and equipment, conducted by a surveyor in accordance with applicable standards, exemption and legislation, and this manual, to detect, assess, rectify and communicate compliance.

surveyor means a person authorised to undertake surveys on domestic commercial vessels in accordance with the applicable legislation or applicable exemption.

Examples of persons authorised to conduct surveys include Accredited Marine Surveyors, Recognised Organisations and the National Regulator – see Marine Order 503.

(2) In this Part of the manual, the following terms have the meaning given by the Dictionary in NSCV Part B:

Certificate of Survey domestic commercial

vessel (or DCV)ISO

National Regulator NSCV Recognised Organisation

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Chapter 2 General

2.1 Role of a surveyor under the National Law

(1) Surveyors are responsible for surveying or inspecting a vessel in order to confirm its compliance with applicable legislation, exemptions and standards, including under:

(a) Marine Order 503; (b) Marine Order 507; (c) the NSCV; (d) the USL Code; (e) Exemption 02; (f) Exemption 07; (g) Exemption 24; (h) Exemption 40; and (i) Exemption 41. Note Some of the legislation and standards identified may also refer to other standards including Australian

Standards, International Standards Organisation (ISO) Standards, American Boat and Yacht Council (ABYC) Standards etc.

(2) Surveyors provide recommendations to the National Regulator about the compliance of a vessel to the applicable legislation, exemptions and standards. The National Regulator relies on this advice when considering applications for Certificates of Survey, Load Line Certificates and other approvals issued under the National Law.

Note Accredited Marine Surveyors and Recognised Organisations are not employed by AMSA and are not issued work from AMSA. A vessel owner has the option to select any Accredited Marine Surveyor (who holds the accreditation required) or Recognised Organisation to undertake the survey of their vessel. Surveyors set their own fees.

(3) Applicable legislation and exemptions, and Part 2 of the manual, identify the type of vessel surveys Accredited Marine Surveyors and other surveyors are authorised to conduct.

Note Vessel surveys are conducted under Marine Order 503, Marine Order 507, Exemption 40 and other applicable legislation and exemptions. In accordance with the applicable legislation and exemptions, Part 2 of the manual identifies those surveys which may be performed by Accredited Marine Surveyors and other parties such as Recognised Organisations. Accredited Marine Surveyors may only conduct surveys within the limits of their accreditation.

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2.2 Overview of the accreditation scheme

Section 21 of the National Law Regulation identifies the categories Accredited Marine Surveyors may be accredited to perform surveys in. These are described in Table 1 below for information.

Table 1 – Surveyor accreditation categories

Surveyor accreditation category

Description of surveys and survey phases authorised under each category

(a) Initial survey – plan approval

Assessment and approval of a vessel’s plans against the applicable standards.

(b) Initial survey – stability approval

Assessment and approval a vessel’s stability book / assessment against the applicable standards.

(c) Initial survey – load line – assignment

Assessment and approval of the conditions of assignment determined for a load line to a vessel in accordance with the applicable standards.

(d) Initial survey – electrical – extra low voltage

Assessment of and recommendations regarding a vessel’s electrical installation (up to 50V AC or 120V DC) during construction or alteration to ensure it meets the applicable standards.

(e) Initial survey – electrical – low voltage

Assessment of and recommendations regarding a vessel’s electrical installation (up to 1000V AC or 1500V DC) during construction or alteration to ensure it meets the applicable standards.

(f) Initial survey – electrical – high voltage

Assessment of and recommendations regarding a vessel’s electrical installation (greater than 1000V AC or 1500V DC) during construction or alteration to ensure it meets the applicable standards.

(g) Initial survey – construction or alteration – hull, deck, superstructure

Assessment of and recommendations regarding a vessel’s hull and superstructure, including workmanship, during construction, alteration or repair to ensure that it meets the applicable standards and approved plans.

(h) Initial survey – construction or alteration – machinery

Assessment of and recommendations regarding a vessel’s machinery and engineering arrangements during construction, alteration or repair to ensure that it meets the applicable standards and approved plans.

(i) Initial survey – construction or alteration – load line conditions and markings

Assessment of and recommendations regarding a vessel’s load line placement and watertight and weather tight integrity during construction or alteration, in relation to the vessel’s approved conditions of assignment, applicable standards and approved plans.

(j) Initial survey – construction or alteration – equipment

Assessment and recommendation of a vessel’s equipment during construction, alteration or repair to ensure that it meets the applicable standards and approved plans.

(k) Initial survey – construction or alteration – commissioning

Functional checks and assessments of a vessel’s systems and equipment after construction and prior to service, to determine that the vessel is fit for purpose and that all systems function as expected.

(l) Periodic survey Assessment of and recommendations regarding an existing vessel’s structure, machinery, systems and equipment to ensure that they continue to meet the applicable standards and that no modifications have been made.

(m) Periodic survey – electrical

Assessment of and recommendations regarding an existing vessel’s electrical installation to ensure it continues to meet the applicable standards and that no modifications have been made.

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(n) Periodic survey – load line

Assessment of and recommendations regarding an existing vessel’s Load Line Certificate, markings and conditions of assignment, to ensure they continue to meet the applicable standards and that no modifications have been made.

(o) Survey of safety equipment

Assessment of and recommendations regarding an existing vessel’s safety equipment to ensure that it continues to meet the applicable standards.

(p) Survey of communications equipment

Assessment of and recommendations regarding an existing vessel’s radio and communications equipment to ensure that it continues to meet the applicable standards.

2.3 Conflictsofinterest

(1) Section 37 of the National Law Regulation provides that an Accredited Marine Surveyor must not conduct a survey of a vessel if:

(a) in conducting the survey, there would be a conflict of interest between their duties as an Accredited Marine Surveyor and any other interest or duties they may have; or

(b) they, or a person they are related to, owns or occupies any part of the vessel or works on the vessel.

(2) However, section 37 of the National Law Regulation permits an Accredited Marine Surveyor with accreditation in category (a) to conduct plan approval in accordance with their accreditation for their own vessel’s plan.

(a) The National Regulator considers that an Accredited Marine Surveyor with accreditation in category (b) may also conduct stability approval in accordance with their accreditation for their own vessel’s plan.

(b) Despite this allowance, the National Regulator recommends that an Accredited Marine Surveyor obtain third party review, from an appropriately accredited surveyor, of plans (including stability) for their own vessel.

(3) Section 37 of the National Law Regulation provides that an Accredited Marine Surveyor is related to a person if the surveyor:

(a) is the person’s spouse, de facto partner, child, parent, grandparent, grandchild, sibling, aunt, uncle, niece, nephew or cousin; or

(b) has a contractual arrangement with the person that might reasonably be seen to give rise to a conflict between the surveyor’s duties as a surveyor and the surveyor’s interests under the arrangement; or

(c) is an employer, partner or employee of the person; or (d) is employed by the same employer as the person. (4) In accordance with section 37 of the National Law Regulation, an Accredited Marine

Surveyor must not conduct surveys where there is a conflict of interest, or where they or a person they are related to, owns the vessel. Managing the conflict is not an acceptable option.

Note As set out in (2) above, Accredited Marine Surveyors may conduct plan approval of their own vessel plans.

(5) Conducting surveys where there is a conflict of interest is a breach of the conditions of accreditation and grounds for suspension or revocation of accreditation by the National Regulator.

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2.3.1 Examples of conflicts of interest

(1) This section of the manual is provided for information only. (2) A conflict of interest occurs where a person in a position of trust and responsibility has

competing professional and/or personal interests which could make it difficult for the person to be impartial and objective.

(3) Examples of conflicts of interest include: (a) An Accredited Marine Surveyor identifying engineering problems on board a vessel

that need to be resolved. The same Accredited Marine Surveyor then providing design consulting services to resolve the engineering problems identified. Even if nothing improper occurs, a surveyor providing both of these services on the same vessel creates the perception that the surveyor is identifying defects in order to generate work for themselves and it undermines the validity of the surveyor’s recommendations to the owner or operator.

(b) An Accredited Marine Surveyor providing the design consulting services for the engineering aspects of a vessel, and then conducting construction surveys on the vessel. A surveyor providing both of these services creates the perception that the surveyor may ignore or overlook problems because they do not want to admit that the plans they provided have problems or non-compliances.

(4) When considering if there is a conflict of interest, an Accredited Marine Surveyor should ask themselves:

(a) Would they be able to defend their actions as being objective if there is a complaint about the services they have been providing?

(b) Would they be able to defend their actions as being free from bias (real or perceived) to a disinterested bystander?

(c) Would their professional indemnity insurance cover them in this circumstance? (Surveyors should check with their insurer).

(d) Do the relevant conditions on their accreditation prohibit them doing a survey for this person / organisation?

(5) An Accredited Marine Surveyor should consider seeking independent advice if they are unsure whether or not a conflict exists.

2.4 Notices issued under the National Law

Accredited marine surveyors do not have the power to issue infringement notices, detention notices, prohibition notices, improvement notices or direction notices. These matters are handled by Marine Safety Inspectors appointed under the National Law.

Note Water Police are Marine Safety Inspectors under the National Law. AMSA officers and State and NT marine safety officers may also be appointed as Marine Safety Inspectors.

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Chapter 3 Criteria for accreditation

3.1 General criteria for issue of accreditation

(1) The criteria that the National Regulator must be satisfied of to accredit an individual are contained in section 25 of the National Law Regulation. They are provided here for information only.

(2) In order to be accredited in one or more categories of surveying, the applicant must: (a) demonstrate that they have the appropriate capabilities, appropriate experience

and appropriate qualifications to perform the role of marine surveyor in the category, or categories, of surveying applied for;

(b) demonstrate that they have a sound understanding of the: (i) legislation, standards, codes, conventions and agreements; (ii) professional and technical matters; and (iii) professional ethical standards and requirements, relevant to the category,

or categories, of surveying applied for; (c) be committed to continuing professional development through a professional

association related to vessel building, vessel design, vessel engineering or vessel survey; and

(d) for accreditation in category (m) periodic survey—electrical, demonstrate that they are licensed under a law of a State or the Northern Territory to conduct the electrical work for which the applicant is seeking accreditation.

(3) Before making an application for accreditation in a category of surveying, prospective surveyors need ensure that they can demonstrate that they meet the criteria.

Note To help prospective surveyors determine if they are sufficiently familiar with National Law, the National Law Regulation and the legislation, exemptions and standards that apply to vessels, before applying for accreditation, AMSA has developed an online self-assessment module that is available from a link on the AMSA website (http://amsalearningcentre.e3learning.com.au/). It is recommended that surveyors complete the module before applying for accreditation as it will provide prospective surveyors with:

- details about a surveyor’s obligations under the National Law; and

- an understanding of what to expect in an interview with AMSA; and

- help in assessing if they are ready to apply for accreditation.

3.2 Appropriate capabilities (1) In accordance with section 25 of the National Law Regulation, the requirement to have the

appropriate capabilities includes: (a) either: (i) surveying in accordance with an ISO 9001:2008 compliant Quality

Management System (QMS) or an equivalent management system; or (ii) surveying in accordance with this Part of the manual; (b) maintaining professional indemnity insurance; (c) holding membership of a relevant professional association; and (d) obtaining references from peers.

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(2) This section outlines how an applicant demonstrates that they meet the appropriate capabilities requirement of section 25 of the National Law Regulation.

(3) Quality management system requirements: (a) It is recommended that Accredited Marine Surveyors conduct surveys under a

QMS that is compliant with ISO 9001:2008 (or an equivalent). (b) Evidence of the surveyor’s QMS must be provided with an application for

accreditation and may include a Certificate of Compliance with ISO 9001 relevant to marine surveying.

(c) If a surveyor does not operate under a QMS, the surveyor must: (i) comply with the forms and documentation matrix contained in Annex 1 of

Part 2 of the manual; and Note Annex 1 of Part 2 of the manual sets out the forms and checklists provided on the

AMSA website relevant to each type of survey including plan approval, construction (and alteration) surveys, commissioning surveys, periodic and renewal and Exemption 40 surveys.

(ii) comply with instructions to surveyors issued by the National Regulator to clarify the manner in which surveys should be carried out.

(d) Where a surveyor does not operate under an ISO QMS (or equivalent), a letter of undertaking that the surveyor will comply with these requirements of the manual may be used. See the AMSA website for an example letter of undertaking.

(4) Professional Indemnity Insurance requirements: (a) The Accredited Marine Surveyor insurance requirements are set out in section

38 of the National Law Regulation. This section outlines those requirements for information purposes and identifies how and when evidence of the insurance is to be provided to the National Regulator.

(b) Accredited Marine Surveyors must be covered by a professional indemnity insurance policy:

(i) of at least $1,000,000.00 AUD; and (ii) at a level the surveyor determines to be appropriate given the nature of

their operations. (c) Evidence of a surveyor’s insurance is to be provided as part of making an

application for accreditation, in the form of: (i) a copy of the Certificate of Currency for the policy; (ii) where a surveyor has not yet obtained insurance, a copy of a quote for the

insurance; or (iii) if the policy is issued outside Australia, a letter from the insurance broker

for the policy confirming the policy. (d) Where the surveyor has not yet obtained insurance at the time of making the

application for accreditation, a copy of the Certificate of Currency for the policy must be provided to the National Regulator within five days of taking out the policy once a surveyor has been accredited.

(e) Surveyors must provide a copy of the Certificate of Currency for the policy to the National Regulator each time the policy is renewed within five days of renewing the policy.

(5) Professional Association Membership requirements: (a) Accredited Marine Surveyors must hold professional association membership and

undertake continuing professional development.

https://www.amsa.gov.au/sites/default/files/letter_of_undertaking.pdf

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(b) The professional association that the surveyor is a member of must be related to vessel building, vessel design, vessel engineering or vessel survey.

Examples of some related professional associations include, but are not limited to:

- Marine Surveyors Association;

- Royal Institution of Naval Architects;

- Australasian Institute of Marine Surveyors;

- Institute of Marine Engineering, Science and Technology; or

- International Institute of Marine Surveying.

(6) Reference requirements: As part of the application for accreditation, the surveyor must provide the details of two

referees who are peers of the applicant in marine surveying and related industries.

3.3 Appropriate experience

Section 25 of the National Law Regulation provides that the requirement to have the appropriate experience may include one or more of the following:

(a) design experience in a sector related to marine vessel design; (b) at least 5 years’ experience as a full time marine surveyor; (c) experience in the construction and commissioning of marine vessels; and (d) seagoing experience.

3.4 Appropriatequalifications

(1) Section 25 of the National Law Regulation provides that the requirement to have the appropriate qualifications may include one or more of the following:

(a) a diploma, undergraduate degree or postgraduate degree in a discipline relevant to the categories of surveying applied for;

(b) trade qualifications relevant to the categories of surveying applied for, including qualifications as a shipwright, boat builder, traditional boat builder, engineer or similar;

(c) seagoing or vessel building qualifications relevant to the categories of surveying applied for;

(d) military qualifications similar to the qualifications mentioned in paragraph (a), (b) or (c);

(e) eligibility for membership of Engineers Australia, or an equivalent body, as a qualified engineer;

(f) marine surveying qualifications under the MAR13 Maritime Training Package; and (g) qualifications that demonstrate a depth of knowledge in a category of surveying

applied for, including qualifications in metallurgy, fibre composites and electrical engineering.

(2) To apply for categories (e), (f) and (m), a person must hold an unrestricted electrical license issued under a law of a state or Territory.

Note Contact AMSA if you require assistance in ascertaining whether specific qualifications may be suitable for a category of accreditation.

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Chapter 4 Applications for accreditation

4.1 Applying for accreditation

(1) The application requirements are specified in section 22 of the National Law Regulation. This section summarises those requirements for information purposes.

(2) To apply for accreditation, prospective surveyors must complete and submit the approved form. The forms are available on the AMSA website.

Note The application forms for applying for accreditation in a category of surveying are AMSA forms 741 and 594.

(3) The application form includes a checklist of all items which must be submitted with the application. If the application form is not accompanied by all required supporting documentation, the application is incomplete and will not be assessed. The application will be returned to the applicant.

(4) In addition, the application fee must be paid within 30 days of lodging an application in order for an application to be assessed.

(5) The application fee is determined by the number of categories being applied for. The fees are indexed at the beginning of each financial year (July). Current fees are available on the AMSA website.

(6) The application fee will not be refunded even if the National Regulator’s decision is to refuse the application for accreditation.

(7) Completed applications are to be sent to: Australian Maritime Safety Authority Attention: Surveyor Accreditation PO Box 16001 Collins Street West Melbourne VIC 8007 Australia

4.2 Assessment of an application for accreditation

(1) This section sets out the process used by the National Regulator to assess applications, for information purposes only.

(2) AMSA’s surveyor accreditation selection panel will assess applications for accreditation using the following process:

(a) review and assessment of each application in accordance with the criteria set out in Chapter 3;

(b) interview the applicant (where required); and (c) observe the applicant conducting a practical survey (where required). (3) Where conducted, the interview and/or practical demonstration will provide the selection

panel with an opportunity to confirm, discuss and expand on the information provided in the application so that they can determine if the applicant meets the criteria for accreditation.

(4) During an interview: (a) the applicant will be asked both behavioural and technical questions. In order for

the application to be successful, the responses to the questions must demonstrate that the applicant:

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(i) has a sound understanding of the National Law, Regulations, applicable legislation, exemptions and applicable standards;

(ii) has the appropriate experience, qualifications and capabilities relevant to each category being applied for;

(iii) understands the role and reporting requirements of an Accredited Marine Surveyor; and

(iv) can articulate how they would undertake the survey of a domestic commercial vessel in each of the categories being applied for; and

Note This may include asking the applicant to describe the techniques they would apply in order to inspect particular hull materials; verify construction or repair techniques; and communicate with the vessel owner/operator.

(b) applicants are presented with scenario-based and photographic-based questions and asked to identify how they would approach each particular situation if it arose during a survey of a domestic commercial vessel.

(5) After the review and assessment of the application, and any interview or practical demonstration required, the panel will provide a report to the decision maker for a decision to be made.

(6) The decision will be provided to the applicant in writing. (7) Where accreditation has been granted, a certificate of accreditation and an identification

card will be issued.

4.3 Review of decisions

(1) The rights of an applicant to apply for a review of a decision, and the process of the review, are set out in sections 47 – 49 of the National Law Regulation. This section summarises the rights of review and the process for the review for information only.

(2) The applicant may, within 30 days of the date of the decision notice, apply to the National Regulator for an internal review of the decision.

(3) To apply for an internal review, the applicable form must be completed and submitted along with any supporting documents to the National Regulator. The form is available on the AMSA website.

Note The internal review application form is AMSA form 770.

(4) Completed forms and supporting documents can be sent either: (a) via post – to: Australian Maritime Safety Authority Attention: Standards Secretariat GPO Box 2181 Canberra ACT 2601 Australia (b) via email – to [email protected]. (5) A person conducting the internal review of a decision regarding an application for

accreditation may: (a) make a decision affirming, varying or revoking the decision; and (b) if the decision is revoked, make such other decision as the person thinks

appropriate. (6) The National Regulator will notify the applicant of the outcome of the internal review in writing.

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Chapter 5 Conditions of accreditation

5.1 Conditions of accreditation

(1) The conditions of accreditation are set out in sections 31 – 41 of the National Law Regulation. They are summarised here for information only.

(2) Accredited Marine Surveyors must: (a) carry out a function in relation to the survey or inspection of a vessel, its fittings or

equipment, in accordance with their approved categories of accreditation; (b) conduct surveys in accordance with any conditions and limits that have been

placed on their accreditation; (c) conduct a survey or inspection of a vessel in accordance with the applicable

legislation, exemptions and standards that apply to that vessel; (d) notify the National Regulator if they become aware of a defect, non-conformity or

novel matter not covered by applicable legislation, exemptions and standards; (e) maintain their professional indemnity insurance and professional association

membership; (f) provide any information that is relevant to their accreditation requested by the

National Regulator; (g) maintain awareness of any changes to the National Law, Regulations, applicable

legislation, exemptions and applicable standards whilst accredited; and (h) carry their surveyor ID card when conducting any survey.

5.2 Audits

(1) In accordance with section 45 of the National Law Regulation and to ensure the integrity of the scheme, the National Regulator will audit Accredited Marine Surveyors.

(2) In accordance with section 45 of the National Law Regulation, matters that may be audited include:

(a) recommendations made and any accompanying documentation; (b) the processes followed to conduct a survey; (c) compliance with the surveyor’s QMS and/or requirements of the manual; and (d) record keeping.

5.3 Professional Indemnity Insurance

In order to comply with section 38 of the National Law Regulation, surveyors must provide a copy of the Certificate of Currency for their Professional Indemnity Insurance policy to the National Regulator each time the policy is renewed, within five days of renewing the policy.

5.4 Consequences of not complying with a condition

Failure to comply with the conditions and limits of accreditation are grounds on which the National Regulator may suspend or revoke a surveyor’s accreditation.

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Chapter 6 Changes to accreditation

6.1 Adding additional categories of accreditation

(1) Accredited Marine Surveyors are encouraged to apply for one or more additional category(ies) of accreditation where they have:

(a) completed additional training; (b) gained a new qualification; (c) developed extra skills; or (d) acquired additional experience. (2) Applications for one or more additional categories of accreditation are to be made in

accordance with Chapter 4.

6.2 Varying accreditation

(1) In accordance with section 42 of the National Law Regulation, an Accredited Marine Surveyor may apply to have any conditions or limitations that have been applied to their accreditation varied or removed.

(2) An application for variation may not be made in relation to adding one or more new category(ies) of accreditation. New categories may be added to the accreditation through a new application made and assessed in accordance with Chapter 4 – see clause 6.1.

(3) To apply for a variation, the applicable form must be completed and submitted along with any supporting documents to the National Regulator. The form is available on the AMSA website.

Note The variation application forms are AMSA forms 902 or 535.

(4) The application fee must be paid within 30 days of lodging an application in order for an application to be assessed. The fees are indexed at the beginning of each financial year (July). Current fees are available on the AMSA website.

(5) The application fee will not be refunded even if the National Regulator’s decision is to refuse the application for variation.

(6) Completed variation applications can be sent either: (a) via post – to: Australian Maritime Safety Authority Attention: Surveyor Accreditation PO Box 16001 Collins Street West Melbourne VIC 8007 Australia (b) via email – to [email protected].

6.3 Variations by the National Regulator

In accordance with section 42 of the National Law Regulation, the National Regulator may also vary, at its own initiative, an Accredited Marine Surveyor’s accreditation to:

(a) remove a limitation or condition; (b) vary a limitation or condition; or (c) add a limitation or condition to the accreditation.

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6.4 Change of personal details

(1) An Accredited Marine Surveyor must notify the National Regulator of any change to their contact details or personal circumstances.

(2) In addition, section 34 of the National Law Regulation requires the National Regulator to be notified if:

(a) the Accredited Marine Surveyor, or a company that employs them, is the subject of bankruptcy proceedings;

(b) a written complaint is made against the Accredited Marine Surveyor in relation to the conduct of a survey;

(c) a conflict of interest arises in relation to a survey performed by the Accredited Marine Surveyor;

(d) the Accredited Marine Surveyor changes address or place of employment; (e) the Accredited Marine Surveyor changes their name, or are subject to any

other change that may result in confusion as to the identity represented on their identification card; or

(f) the Accredited Marine Surveyor’s membership with a professional association related to vessel building, vessel design, vessel engineering or vessel survey is revoked, suspended or involuntarily cancelled.

(3) To make a notification, the applicable form must be completed and submitted. The forms are available on the AMSA website.

Note The notification forms for change of details or circumstances are AMSA forms 740 and 742.

(4) Completed notifications can be sent either: (a) via post – to: Australian Maritime Safety Authority Attention: Surveyor Accreditation PO Box 16001 Collins Street West Melbourne VIC 8007 Australia (b) via email – to [email protected].

17


Chapter 7 Renewal of accreditation

7.1 Renewal applications

(1) In accordance with section 24 of the National Law Regulation, accreditation is granted for a period of five years.

(2) Section 28 of the National Law Regulation provides that, if an Accredited Marine Surveyor wishes to renew their accreditation, they must submit an application for renewal at least three months before their accreditation expires.

(3) In accordance with section 28 of the National Law Regulation, the National Regulator will renew an Accredited Marine Surveyor’s accreditation if satisfied that:

(a) they have maintained their professional competence in the category, or categories of surveying in which they are accredited; and

(b) their work has been found to be satisfactory during any audits; and (c) the prescribed fee for renewal has been paid. (4) To renew accreditation, the applicable form must be completed and submitted. The forms

are available on the AMSA website. Note The renewal application form is AMSA form 804.

(5) The application form includes a checklist of all items which must be submitted with the application. If the application form is not accompanied by all required supporting documentation, the application is incomplete and will not be assessed. The application will be returned to the applicant.

(6) In addition, the application fee must be paid within 30 days of lodging a renewal application in order for the application to be assessed.

(7) The renewal application fee is determined by the number of categories being applied for. The fees are indexed at the beginning of each financial year (July). Current fees are available on the AMSA website.

(8) The application fee will not be refunded even if the National Regulator’s decision is to refuse the renewal application.

(9) Completed renewal applications are to be sent to: Australian Maritime Safety Authority Attention: Surveyor Accreditation PO Box 16001 Collins Street West Melbourne VIC 8007 Australia

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Chapter 8 Surrendering, revoking or suspending accreditation

8.1 Surrendering and revoking accreditation

Sections 41 and 44 of the National Law Regulation provide that accreditation may be surrendered on application by the Accredited Marine Surveyor or revoked at the National Regulator’s initiative.

8.1.1 Surrendering accreditation

(1) If an Accredited Marine Surveyor wishes to cease surveying domestic commercial vessels they can apply to the National Regulator to surrender their accreditation.

(2) In accordance with section 41 of the National Law Regulation, the Accredited Marine Surveyor will need to:

(a) complete and submit the appropriate form, which is available on the AMSA website;

Note The form is AMSA form 899.

(b) complete all of the work they are contracted to do, or nominate another Accredited Marine Surveyor to undertake any outstanding work (nominations must be accepted by the nominated party);

(c) meet any conditions imposed by the National Regulator which relate to the surrender of their accreditation; and

(d) return the accreditation identification card (ID) to the National Regulator. (3) If there are circumstances where an Accredited Marine Surveyor is unable to fulfil any of

the requirements identified in paragraph (2), they must contact the National Regulator to determine an alternative exit method.

(4) Completed surrender applications can be sent either: (a) via post – to: Australian Maritime Safety Authority Attention: Surveyor Accreditation PO Box 16001 Collins Street West Melbourne VIC 8007 Australia (b) via email – to [email protected].

8.1.2 Revocation by the National Regulator

Section 44 of the National Law Regulation provides that the National Regulator may revoke an Accredited Marine Surveyor’s accreditation if they contravene any of the conditions of the accreditation.

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8.2 Suspending accreditation

In accordance with section 43 of the National Law Regulation, accreditation may be suspended on application by the Accredited Marine Surveyor or at the National Regulator’s initiative.

8.2.1 Suspension on application

(1) In accordance with section 43 of the National Law Regulation, if an Accredited Marine Surveyor wishes to suspend their accreditation they can voluntarily apply to the National Regulator to have their accreditation suspended for an agreed period of time.

(2) To suspend accreditation, complete the applicable form and submit it to the National Regulator for processing. The forms are available on the AMSA website.

Note The applicable suspension application form is AMSA form 899.

(3) Completed suspension applications can be sent either: (a) via post – to: Australian Maritime Safety Authority Attention: Surveyor Accreditation PO Box 16001 Collins Street West Melbourne VIC 8007 Australia (b) via email – to [email protected].

8.2.2 Suspension by the National Regulator

Section 43 of the National Law Regulation provides that the National Regulator may suspend an Accredited Marine Surveyor’s accreditation if they contravene any of their conditions of accreditation.

AMSA 760a 6/18

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